The Zakaat on items no longer in one’s possession

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Nasihah (Advice): Aspire to be one of two people

Sayyiduna Abdullah Bin Masood Radhiyallahu Anhu reports that Rasulullah Sallallahu ‘Alayhi Wasallam said: “There is no jealousy (if it were permitted) except in two: a person whom Allah has given wealth and he spends it in the right way, and a person whom Allah has given wisdom (i.e. religious knowledge) and he gives his decisions accordingly and teaches it to the others.” (Bukhari)

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Question and Answer:

If a person did not pay Zakaat on lost or stolen wealth, is he liable to pay Zakaat on the lost and stolen wealth? If the wealth was not lost or stolen, it was spent after Zakaat on that wealth become compulsory on him, does he still have to pay its Zakaat? Is there any difference between the two of them?

(Question published as received)

In principle, Zakaat does not remain compulsory on wealth that was lost and stolen after Zakaat had become compulsory upon it (Halaak). However, Zakaat remains compulsory upon wealth that was used or spent (Istihlaak) after Zakaat became compulsory upon it.

The difference is that in the case of wealth being lost or stolen, there remained no means of benefitting from it, thus Zakaat does not remain compulsory upon it. Whereas, in the case of wealth being used or spent after Zakaat became compulsory upon it, a person had the means of benefitting from it and hence, Zakaat remains compulsory. (Shaami 2/361)

Note: One should discharge his/her Zakaat timeously and not use the excuse of wealth being lost or stolen without valid grounds to avoid the discharging of Zakaat. In fact, to delay the discharging of Zakaat without a valid reason is sinful.

And Allah Ta’ala Knows Best

Mufti Ebrahim Desai

(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh.)